"Dan Ringer" <[EMAIL PROTECTED]> made an utterance to the drakelist gang ---------------------------------------------------------------------- Ok, guys. The Oklahoma bill has nothing to do with homeowners associations (HOA's). It simply says that municipalities have to obey federal regulations (PRB-1). The ONLY thing this might do is allow a state court suit if a municipality tries to prohibit antennas or (reasonable) towers (usually considered 40-45 feet).
State court suits are a WHOLE lot cheaper than federal court lawsuits. However, if you file one, don't be surprised to hear a scream of "federal preemption" by the defendant town, and see a removal (transfer) to federal court anyway. Frankly, state PRB-1 legislation means very little. The federal rule is that governmental entities (towns, counties, parrishes and states) have to obey federal law, but the law is that PRB-1 applys ONLY to governmental entities, not private agreements like HOA rules and CC&R's. I wish it weren't so (in this case), but it is. You can all calm down now. Sorry! Dan, K8WV ================================================== DO NOT read, copy or disseminate this communication unless you are the intended addressee. This e-mail communication (and any attached documents) contains confidential and/or privileged information intended only for the addressee. If you have received this communication in error, please call us (collect) immediately at (304) 292-1999. Also please notify us immediately via e-mail that you have received the communication in error. ------------------------------------------------------- Darrell (Dan) Ringer Attorney at Law Am. Bar Assn. Solo Practitioner of the Year Past-President, WV State Bar WV Lawyer of the Year Fellow, WV Bar Foundation 823 Fairmont Road Morgantown, WV 26501 304-292-1999 FAX 304-292-3372 ===== Watch THE LAW WORKS (http://www.thelawworks.org) on WV Public Television, Thursdays at 8:30 p.m. ===== ---------------------------------------------------------------------- Submissions: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] - unsubscribe drakelist in body Hopelessly Lost: [EMAIL PROTECTED] - help in body of message Zerobeat Web Page: www.zerobeat.net - sponsored by www.tlchost.net ----------------------------------------------------------------------
